KESHRIMAL Vs. STATE

JUDGEMENT

(1.) This is a reference by the Sessions Judge of Balotra recommending that a criminal case pending against the applicant Keshrimal be stayed pending disposal of a civil suit brought by Keshrimal against Saifal and his brothers.

(2.) The facts of the case are these. Saifal made a report to the police on 22nd of June 1950 that he had been cheated and that Keshri-mal had executed a 'farkhti' in his favour a few days before and antedated it to a date in March 1949. This matter was enquired into by the police and Keshrimal was prosecuted. A charge under Section 465 of the Indian Penal Code has been framed against Keshrimal by the Magistrate. In the meantime, Keshrimal filed a civil suit against Saifal and his brothers for the recovery of a large sum of money and that suit is pending, in the court of the Civil Judge. In the civil suit, Saifal has raised a plea that the 'farkhti', which bears to date in March 1949, was really executed in June 1950 and, therefore, nothing remains due from him to Keshrimal. In this way, the question whether the 'farkhti' was antedated arises both in the civil court and the criminal court. If the antedating is proved, there will be a conviction in the criminal court, while in the Civil Court, the suit will be dismissed. If on the other hand, the antedating is not proved, there will be an acquittal in the criminal court and the civil suit will be decreed. Obviously, therefore, the two matters are intimately connected and the question arises whether the criminal case should be stayed pending disposal of the civil as recommended by the learned Sessions Judge.

(3.) The learned Judge bas relied on two old cases -- 'Bhojararn v. Emperor', 13 Ind Cas 927 (Lah) (A) and -- 'Janki Das v. Emperor', AIR 1922 Lah 424 (B). In addition to these cases, learned counsel for Keshrimal has also cited another case -- 'Mohlu Rai v. Emperor', AIR 1937 Pat 8 (C) but that case is easily distinguishable because the complaint in that case was filed after the complainant had been served with a notice of the civil suit as a defendant.